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Department of Transportation
Federal Motor Carrier Safety Administration
49 CFR Part 375
Transportation of Household Goods - Consumer Protection
Regulations
Appendix A to Part 375—Your Rights and
Responsibilities When You Move
You must furnish this document to prospective individual
shippers as required by 49 CFR375.213. The text as it
appears in this appendix may be reprinted in a form
and manner chosen by you, provided it complies with
§ 375.213(b)(2) and (b)(3). You are not required
to italicize titles of sections.
Your Rights and Responsibilities
When You Move (OMB No. 2126-0025)
Furnished by Your Mover, as Required by Federal
Law
Authority: 49 U.S.C. 13301, 13704,
13707, and 14104; 49 CFR 1.73.
Table of Contents
What Is Included
in This Pamphlet?
In this pamphlet, you will find a discussion of each
of these topics:
Why Was I Given This Pamphlet?
What Are the Most Important Points I Should Remember
From This Pamphlet?
What If I Have More Questions?
Subpart A—General
Requirements
Who must follow the regulations?
What definitions are used in this Pamphlet?
Subpart B—Before Requesting Services
From Any Mover
What is my mover’s normal liability for loss or
damage when my mover accepts goods from me?
What actions by me limit or reduce my mover’s
normal liability?
What are dangerous or hazardous materials that may limit
or reduce my mover’s normal liability?
May my mover have agents?
What items must be in my mover’s advertisements?
How must my mover handle complaints and inquiries?
Do I have the right to inspect my mover’s tariffs
(schedules of charges) applicable to my move?
Must my mover have an arbitration program?
Must my mover inform me about my rights and responsibilities
under Federal law?
What other information must my mover provide to me?
How must my mover collect charges?
May my mover collect charges upon delivery?
May my mover extend credit to me?
May my mover accept charge or credit cards for my payments?
Appendix A to Part 375 - Your Rights and Responsibilities
When You Move – Page 1
Subpart C—Service Options
Provided
What service options may my mover provide?
If my mover sells liability insurance coverage, what
must my mover do?
Subpart D—Estimating Charges
Must my mover estimate the transportation and accessorial
charges for my move?
How must my mover estimate charges under the regulations?
What payment arrangements must my mover have in place
to secure delivery of my household goods shipment?
Subpart E—Pickup of My Shipment
of Household Goods
Must my mover write up an order for service?
Must my mover write up an inventory of the shipment?
Must my mover write up a bill of lading?
Should I reach an agreement with my mover about pickup
and delivery times?
Must my mover determine the weight of my shipment?
How must my mover determine the weight of my shipment?
What must my mover do if I want to know the actual weight
or charges for my shipment before delivery?
Subpart F—Transportation
of My Shipment
Must my mover transport the shipment
in a timely manner?
What must my mover do if it is able to deliver my shipment
more than 24 hours before I am able to accept delivery?
What must my mover do for me when I store household
goods in transit?
Subpart G—Delivery
of My shipment
May my mover ask me to sign a delivery
receipt releasing it from liability?
What is the maximum collect-on-delivery amount my mover
may demand I pay at the time of delivery?
If my shipment is transported on more than one vehicle,
what charges may my mover collect at delivery?
If my shipment is partially or totally lost or destroyed,
what charges may my mover collect at delivery?
How must my mover calculate the charges applicable to
the shipment as delivered?
Subpart H—Collection
of Charges
Does this subpart apply to most shipments?
How must my mover present its freight or expense bill
to me?
If I forced my mover to relinquish a collect-on- delivery
shipment before the payment of ALL charges, how must
my mover collect the balance?
What actions may my mover take to collect from me the
charges in its freight bill?
Do I have a right to file a claim to recover money for
property my mover lost or damaged?
Appendix A to Part 375 - Your Rights and Responsibilities
When You Move – Page 2
Subpart I—Resolving
Disputes With My Mover
What may I do to resolve disputes
with my mover?
Why Was
I Given This Pamphlet?
The Federal Motor Carrier Safety Administration’s
(FMCSA) regulations protect consumers on interstate
moves and define the rights and responsibilities of
consumers and household goods carriers.
The household goods carrier (mover) gave you this booklet
to provide information about your rights and responsibilities
as an individual shipper of household goods. Your primary
responsibility is to select a reputable household goods
carrier, ensure that you understand the terms and conditions
of the contract, and understand and pursue the remedies
that are available to you in case problems arise. You
should talk to your mover if you have further questions.
The mover will also furnish you with additional written
information describing its procedure for handling your
questions and complaints. The additional written information
will include a telephone number you can call to obtain
additional information about your move.
What
Are the Most Important Points I Should Remember From
This Pamphlet?
1. Movers must give written estimates.
2. Movers may give binding estimates
3. Non-binding estimates are not always accurate; actual
charges may exceed the estimate.
4. If your mover provides you (or someone representing
you) with any partially complete document for your signature,
you should verify the document is as complete as possible
before signing it. Make sure the document contains all
relevant shipping information, except the actual shipment
weight and any other information necessary to determine
the final charges for all services performed.
5. You may request from your mover the availability
of guaranteed pickup and delivery dates.
6. Be sure you understand the mover’s responsibility
for loss or damage, and request an explanation of the
difference between valuation and actual insurance.
7. You have the right to be present each time your shipment
is weighed.
8. You may request a reweigh of your shipment.
9. If you agree to move under a non-binding estimate,
you should confirm with your mover—in writing—the
method of payment at delivery as cash, certified check,
cashier’s check, money order, or credit card.
10. Movers must offer a dispute settlement program as
an alternative means of settling loss or damage claims.
Ask your mover for details.
11. You should ask the person you speak to whether he
or she works for the actual mover or a household goods
broker. A household goods broker only arranges for the
transportation. A household goods broker must not represent
itself as a mover. A household goods broker does not
own trucks of it’s own. The broker is required
to find an authorized mover to provide the transportation.
You should know that a household goods broker generally
has no authority to provide you an estimate on behalf
of a specific mover. If a household goods broker provides
you an estimate, it may not be binding on the actual
mover and you may have to pay the actual charges the
mover incurs. A household goods broker is not responsible
for loss or damage.
Appendix A to Part 375 - Your Rights and Responsibilities
When You Move – Page 3
12. You may request complaint information about movers
from the Federal Motor Carrier Safety Administration
under the Freedom of Information Act. You may be assessed
a fee to obtain this information. See 49 CFR Part 7
for the schedule of fees.
13. You should seek estimates from at least three different
movers. You should not disclose any information to the
different movers about their competitors, as it may
affect the accuracy of their estimates.
What
If I Have More Questions? If this pamphlet
does not answer all of your questions about your move,
do not hesitate to ask your mover’s representative
who handled the arrangements for your move, the driver
who transports your shipment, or the mover’s main
office for additional information.
Subpart A—General
Requirements
The primary responsibility for your
protection lies with you in selecting a reputable household
goods carrier, ensuring you understand the terms and
conditions of your contract with your mover, and understanding
and pursuing the remedies that are available to you
in case problems arise.
Who Must Follow the Regulations?
The regulations inform motor carriers
engaged in the interstate transportation of household
goods (movers) what standards they must follow when
offering services to you. You, an individual shipper,
are not directly subject to the regulations. However,
your mover may be required by the regulations to force
you to pay on time. The regulations only apply to your
mover when the mover transports your household goods
by motor vehicle in interstate commerce - that is, when
you are moving from one State to another. The regulations
do not apply when your interstate move takes place within
a single commercial zone. A commercial zone is roughly
equivalent to the local metropolitan area of a city
or town. For example, a move between Brooklyn, NY, and
Hackensack, NJ, would be considered to be within the
New York City commercial zone and would not be subject
to these regulations. Commercial zones are defined in
49 CFR Part 372.
What Definitions Are Used
in This Pamphlet?
Accessorial (Additional) Services—These
are services such as packing, appliance servicing, unpacking,
or piano stair carries that you request to be performed
(or that are necessary because of landlord requirements
or other special circumstances). Charges for these services
may be in addition to the line haul charges.
Advanced Charges—These are charges
for services performed by someone other than the mover.
A professional, craftsman, or other third party may
perform these services at your request. The mover pays
for these services and adds the charges to your bill
of lading charges.
Advertisement—This is any communication
to the public in connection with an offer or sale of
any interstate household goods transportation service.
This will include written or electronic database listings
of your mover’s name, address, and telephone number
in an on-line database. This excludes listings of your
mover’s name, address, and telephone number in
a telephone directory or similar publication. However,
Yellow Pages advertising is included within the definition.
Agent—A local moving company
authorized to act on behalf of a larger, national company.
Appliance Service by Third Party—The
preparation of major electrical appliances to make them
safe for shipment. Charges for these services may be
in addition to the line haul charges.
Bill of Lading—The receipt for
your goods and the contract for their transportation.
Carrier—The mover transporting
your household goods.
Cash on Delivery (COD)—This
means payment is required at the time of delivery at
the destination residence (or warehouse).
Certified Scale—Any scale designed
for weighing motor vehicles, including trailers or semi-trailers
not attached to a tractor, and certified by an authorized
scale inspection and licensing authority. A certified
scale may also be a platform or warehouse type scale
that is properly inspected and certified.
Estimate, Binding—This is an
agreement made in advance with your mover. It guarantees
the total cost of the move based upon the quantities
and services shown on the estimate.
Estimate, Non-Binding—This is
what your mover believes the cost will be, based upon
the estimated weight of the shipment and the accessorial
services requested. A non-binding estimate is not binding
on the mover. The final charges will be based upon the
actual weight of your shipment, the services provided,
and the tariff provisions in effect.
Expedited Service—This is an
agreement with the mover to perform transportation by
a set date in exchange for charges based upon a higher
minimum weight.
Flight Charge—A charge for carrying
items up or down flights of stairs. Charges for these
services may be in addition to the line haul charges.
Guaranteed Pickup and Delivery Service—
An additional level of service featuring guaranteed
dates of service. Your mover will provide reimbursement
to you for delays. This premium service is often subject
to minimum weight requirements.
High Value Article—These are
items included in a shipment valued at more than $100
per pound ($220 per kilogram).
Household Goods, as used in connection
with transportation, means the personal effects or property
used, or to be used, in a dwelling, when part of the
equipment or supplies of the dwelling. Transportation
of the household goods must be arranged and paid for
by you or by another individual on your behalf. This
may include items moving from a factory or store when
you purchase them to use in your dwelling. You must
request that these items be transported, and you (or
another individual on your behalf) must pay the transportation
charges to the mover.
Inventory—The detailed descriptive
list of your household goods showing the number and
condition of each item.
Line Haul Charges—The charges for the vehicle
transportation portion of your move. These charges,
if separately stated, apply in addition to the accessorial
service charges.
Long Carry—A charge for carrying articles excessive
distances between the mover’s vehicle and your
residence. Charges for these services may be in addition
to the line haul charges.
May—An option. You or your mover
may do something, but it is not a requirement.
Mover—A motor carrier engaged
in the transportation of household goods and its household
goods agents.
Must—A legal obligation. You
or your mover must do something.
Order for Service—The document
authorizing the mover to transport your household goods.
Order (Bill of Lading) Number—The
number used to identify and track your shipment.
Peak Season Rates—Higher line
haul charges applicable during the summer months.
Pickup and Delivery Charges—Separate
transportation charges applicable for transporting your
shipment between the storage-in-transit warehouse and
your residence.
Reasonable Dispatch—The performance
of transportation on the dates, or during the period
of time, agreed upon by you and your mover and shown
on the Order for Service/ Bill of Lading. For example,
if your mover deliberately withholds any shipment from
delivery after you offer to pay the binding estimate
or 110 percent of a non-binding estimate, your mover
has not transported the goods with reasonable dispatch.
The term ‘‘reasonable dispatch’’
excludes transportation provided under your mover’s
tariff provisions requiring guaranteed service dates.
Your mover will have the defense of force majeure, i.e.,
that the contract cannot be performed owing to causes
that are outside the control of the parties and that
could not be avoided by exercise of due care.
Should—A recommendation. We
recommend you or your mover do something, but it is
not a requirement.
Shuttle Service—The use of a
smaller vehicle to provide service to residences not
accessible to the mover’s normal line haul vehicles.
Storage-In-Transit (SIT)—The
temporary warehouse storage of your shipment pending
further transportation, with or without notification
to you. If you (or someone representing you) cannot
accept delivery on the agreed-upon date or within the
agreed upon time period (for example, because your home
is not quite ready to occupy), your mover may place
your shipment into SIT without notifying you. In those
circumstances, you will be responsible for the added
charges for SIT service, as well as the warehouse handling
and final delivery charges. However, your mover also
may place your shipment into SIT if your mover was able
to make delivery before the agreed-upon date (or before
the first day of the agreed-upon delivery period), but
you did not concur with early delivery. In those circumstances,
your mover must notify you immediately of the SIT, and
your mover is fully responsible for redelivery charges,
handling charges, and storage charges.
Surface Transportation Board—An
agency within the U.S. Department of Transportation
that regulates household goods carrier tariffs, among
other responsibilities. The Surface Transportation Board’s
address is 1925 K Street, NW, Washington, DC 20423–0001
Tele. 202–565–1674.
Tariff—An issuance (in whole
or in part) containing rates, rules, regulations, classifications,
or other provisions. The Surface Transportation Board
requires that a tariff contain three specific items.
First, an accurate description of the services the mover
offers to the public. Second, the specific applicable
rates (or the basis for calculating the specific applicable
rates) and service terms for services offered to the
public. Third, the mover’s tariff must be arranged
in a way that allows you to determine the exact rate(s)
and service terms applicable to your shipment.
Valuation—The degree of worth
of the shipment. The valuation charge compensates the
mover for assuming a greater degree of liability than
is provided for in its base transportation charges.
Warehouse Handling—A charge
may be applicable each time SIT service is provided.
Charges for these services may be in addition to the
line haul charges. This charge compensates the mover
for the physical placement and removal of items within
the warehouse.
We, Us, and Our—The Federal
Motor Carrier Safety Administration (FMCSA). You and
Your—You are an individual shipper of household
goods. You are a consignor or consignee of a household
goods shipment and your mover identifies you as such
in the bill of lading contract. You own the goods being
transported and pay the transportation charges to the
mover.
Where may other terms used in this
pamphlet be defined? You may find other terms used in
this pamphlet defined in 49 U.S.C. 13102. The statute
controls the definitions in this pamphlet. If terms
are used in this pamphlet and the terms are defined
neither here nor in 49 U.S.C. 13102, the terms will
have the ordinary practical meaning of such terms.
back to top
Subpart B—Before
Requesting Services From Any Mover
What Is My Mover’s Normal
Liability for Loss or Damage When My Mover Accepts Goods
From Me?
In general, your mover is legally
liable for loss or damage that occurs during performance
of any transportation of household goods and of all
related services identified on your mover’s lawful
bill of lading.
Your mover is liable for loss of,
or damage to, any household goods to the extent provided
in the current Surface Transportation Board’s
Released Rates Order. You may obtain a copy of the current
Released Rates Order by contacting the Surface Transportation
Board at the address provided under the definition of
the Surface Transportation Board. The rate may be increased
annually by your mover based on the U.S. Department
of Commerce’s Cost of Living Adjustment. Your
mover may have additional liability if your mover sells
liability insurance to you.
All moving companies are required
to assume liability for the value of the goods transported.
However, there are different levels of liability, and
you should be aware of the amount of protection provided
and the charges for each option.
Basically, most movers offer two different
levels of liability (Options 1 and 2 below) under the
terms of their tariffs and the Surface Transportation
Board’s Released Rates Orders. These orders govern
the moving industry.
Option 1: Released Value
This is the most economical protection
option available. This no-additional-cost option provides
minimal protection. Under this option, the mover assumes
liability for no more than 60 cents per pound ($1.32
cents per kilogram), per article. Loss or damage claims
are settled based upon the pound (kilogram) weight of
the article multiplied by 60 cents per pound ($1.32
cents per kilogram). For example, if your mover lost
or destroyed a 10-pound (4.54-kilogram) stereo component
valued at $1,000, your mover would be liable for no
more than $6.00. Obviously, you should think carefully
before agreeing to such an arrangement. There is no
extra charge for this minimal protection, but you must
sign a specific statement on the bill of lading agreeing
to it.
Option 2: Full Value Protection (FVP)
Under this option, the mover is liable
for the replacement value of lost or damaged goods (as
long as it doesn’t exceed the total declared value
of the shipment). If you elect to purchase full value
protection, and your mover loses, damages or destroys
your articles, your mover must repair, replace with
like items, or settle in cash at the current market
replacement value, regardless of the age of the lost
or damaged item. The minimum declared value of a shipment
under this option is $5,000 or $4.00 times the actual
total weight (in pounds) of the shipment, whichever
is greater. For example, the minimum declared value
for a 4,000- pound (1,814.4-kilogram) shipment would
be $16,000. Your mover may offer you FVP with a $250
or $500 deductible, or with no deductible at all. The
amount of the deductible will affect the cost of your
FVP coverage. The $4.00 per pound minimum valuation
rate may be increased annually by your mover based on
changes in the household furnishings element of the
Consumer Price Index established by the U.S. Department
of Labor’s Bureau of Labor Statistics.
Unless you specifically agree to other
arrangements, the mover must assume liability for the
entire shipment based upon this option. The approximate
cost for FVP is $8.50 for each $1,000 of declared value;
however, it may vary by mover. In the example above,
the valuation charge for a shipment valued at $16,000
would be $136.00. As noted above, this fee may be adjusted
annually by your mover based on changes in the household
furnishings element of the Consumer Price Index.
Under both of these liability options,
movers are permitted to limit their liability for loss
or damage to articles of extraordinary value, unless
you specifically list these articles on the shipping
documents. An article of extraordinary value is any
item whose value exceeds $100 per pound ($220 per kilogram).
Ask your mover for a complete explanation of this limitation
before your move. It is your responsibility to study
this provision carefully and make the necessary declaration.
These optional levels of liability
are not insurance agreements governed by State insurance
laws, but instead are authorized under Released Rates
Orders of the Surface Transportation Board of the U.S.
Department of Transportation.
In addition to these options, some movers may also offer
to sell, or procure for you, separate liability insurance
from a third-party insurance company when you release
your shipment for transportation at the minimum released
value of 60 cents per pound ($1.32 per kilogram) per
article (Option 1). This is not valuation coverage governed
by Federal law, but optional insurance regulated under
State law. If you purchase this separate coverage and
your mover is responsible for loss or damage, the mover
is liable only for an amount not exceeding 60 cents
per pound ($1.32 per kilogram) per article, and the
balance of the loss is recoverable from the insurance
company up to the amount of insurance purchased. The
mover’s representative can advise you of the availability
of such liability insurance, and the cost.
If you purchase liability insurance
from or through your mover, the mover is required to
issue a policy or other written record of the purchase
and to provide you with a copy of the policy or other
document at the time of purchase. If the mover fails
to comply with this requirement, the mover becomes fully
liable for any claim for loss or damage attributed to
its negligence.
What Actions by Me Limit or
Reduce My Mover’s Normal Liability?
Your actions may limit or reduce your
mover’s normal liability under the following three
circumstances:
(1) You include perishable, dangerous,
or hazardous materials in your household goods without
your mover’s knowledge.
(2) You choose liability option 1 but ship household
goods valued at more than 60 cents per pound ($1.32
per kilogram) per article.
(3) You fail to notify your mover in writing of articles
valued at more than $100 per pound ($220 per kilogram).
(If you do notify your mover, you will be entitled to
full recovery up to the declared value of the article
or articles, not to exceed the declared value of the
entire shipment.)
What Are Dangerous or Hazardous
Materials That May Limit or Reduce My Mover’s
Normal Liability?
Federal law forbids you to ship hazardous
materials in your household goods boxes or luggage without
informing your mover. A violation can result in five
years’ imprisonment and penalties of $250,000
or more (49 U.S.C. 5124). You could also lose or damage
your household goods by fire, explosion, or contamination.
If you offer hazardous materials to
your mover, you are considered a hazardous materials
shipper and must comply with the hazardous materials
requirements in 49 CFR parts 171, 172, and 173, including
but not limited to package labeling and marking, shipping
papers, and emergency response information. Your mover
must comply with 49 CFR parts 171, 172, 173, and 177
as a hazardous materials carrier.
Hazardous materials include explosives,
compressed gases, flammable liquids and solids, oxidizers,
poisons, corrosives, and radioactive materials. Examples:
Nail polish remover, paints, paint thinners, lighter
fluid, gasoline, fireworks, oxygen bottles, propane
cylinders, automotive repair and maintenance chemicals,
and radio-pharmaceuticals.
There are special exceptions for small
quantities (up to 70 ounces total) of medicinal and
toilet articles carried in your household goods and
certain smoking materials carried on your person. For
further information, contact your mover.
May My Mover Have Agents?
Yes, your mover may have agents. If
your mover has agents, your mover must have written
agreements with its prime agents. Your mover and its
retained prime agent must sign their agreements. Copies
of your mover’s prime agent agreements must be
in your mover’s files for a period of at least
24 months following the date of termination of each
agreement.
What Items Must Be in My Mover’s
Advertisements?
Your mover must publish and use only
truthful, straightforward, and honest advertisements.
Your mover must include certain information in all advertisements
for all services (including any accessorial services
incidental to or part of interstate transportation).
Your mover must require each of its agents to include
the same information in its advertisements. The information
must include the following two pieces of information
about your mover:
(1) Name or trade name of the mover
under whose US DOT number the advertised service will
originate.
(2) US DOT number, assigned by FMCSA, authorizing your
mover to operate. Your mover must display the information
as: US DOT No. (assigned number).
You should compare the name or trade
name of the mover and its US DOT number to the name
and US DOT number on the sides of the truck(s) that
arrive at your residence. The names and numbers should
be identical. If the names and numbers are not identical,
you should ask your mover immediately why they are not.
You should not allow the mover to load your household
goods on its truck(s) until you obtain a satisfactory
response from the mover’s local agent. The discrepancies
may warn of problems you will have later in your business
dealings with this mover.
How Must My Mover Handle Complaints
and Inquiries?
All movers are expected to respond
promptly to complaints or inquiries from you, the customer.
Should you have a complaint or question about your move,
you should first attempt to obtain a satisfactory response
from the mover’s local agent, the sales representative
who handled the arrangements for your move, or the driver
assigned to your shipment.
If for any reason you are unable to
obtain a satisfactory response from one of these persons,
you should then contact the mover’s principal
office. When you make such a call, be sure to have available
your copies of all documents relating to your move.
Particularly important is the number assigned to your
shipment by your mover.
Interstate movers are also required
to offer neutral arbitration as a means of resolving
consumer loss or damage disputes involving loss of or
damage to household goods. Your mover is required to
provide you with information regarding its arbitration
program. You have the right to pursue court action under
49 U.S.C. 14704 to seek judicial redress directly rather
than participate in your mover’s arbitration program.
All interstate moving companies are
required to maintain a complaint and inquiry procedure
to assist their customers. At the time you make the
arrangements for your move, you should ask the mover’s
representative for a description of the mover’s
procedure, the telephone number to be used to contact
the mover, and whether the mover will pay for such telephone
calls.
Your mover’s procedure must
include the following four things:
(1) A communications system allowing
you to communicate with your mover’s principal
place of business by telephone.
(2) A telephone number.
(3) A clear and concise statement about who must pay
for complaint and inquiry telephone calls.
(4) A written or electronic record system for recording
all inquiries and complaints received from you by any
means of communication.
Your mover must give you a clear and
concise written description of its procedure. You may
want to be certain that the system is in place.
Do I Have the Right to Inspect
My Mover’s Tariffs (Schedules of Charges) Applicable
to My Move?
Federal law requires your mover to
advise you of your right to inspect your mover’s
tariffs (its schedules of rates or charges) governing
your shipment. Movers’ tariffs are made a part
of the contract of carriage (bill of lading) between
you and the mover. You may inspect the tariff at the
mover’s facility, or, upon request, the mover
will furnish you a free copy of any tariff provision
containing the mover’s rates, rules, or charges
governing your shipment.
Tariffs may include provisions limiting
the mover’s liability. This would generally be
described in a section on declaring value on the bill
of lading. A second tariff provision may set the periods
for filing claims. This would generally be described
in Section 6 on the reverse side of a bill of lading.
A third tariff provision may reserve your mover’s
right to assess additional charges for additional services
performed. For non-binding estimates, another tariff
provision may base charges upon the exact weight of
the goods transported. Your mover’s tariff may
contain other provisions that apply to your move. Ask
your mover what they might be, and request a copy.
Must My Mover Have an Arbitration
Program?
Your mover must have an arbitration
program for your use in resolving disputes concerning
loss or damage to your household goods. You have the
right not to participate in the arbitration program.
You may pursue court action under 49 U.S.C. 14704 to
seek judicial remedies directly. Your mover must establish
and maintain an arbitration program with the following
11 minimum elements:
1. The arbitration program offered
to you must prevent your mover from having any special
advantage because you live or work in a place distant
from the mover’s principal or other place of business.
2. Before your household goods are
tendered for transport, your mover must provide notice
to you of the availability of neutral arbitration, including
the following three things:
(a) A summary of the arbitration procedure.
(b) Any applicable costs.
(c) A disclosure of the legal effects of electing to
use arbitration.
3. Upon your request, your mover must
provide information and forms it considers necessary
for initiating an action to resolve a dispute under
arbitration.
4. Each person authorized to arbitrate
must be independent of the parties to the dispute and
capable of resolving such disputes fairly and expeditiously.
Your mover must ensure the arbitrator is authorized
and able to obtain from you or your mover any material
or relevant information to carry out a fair and expeditious
decision-making process.
5. You must not be required to pay
more than one-half of the arbitration’s cost.
The arbitrator may determine the percentage of payment
of the costs for each party in the arbitration decision,
but must not make you pay more than half.
6. Your mover must not require you
to agree to use arbitration before a dispute arises.
7. You will be bound by arbitration
for claims of $5,000 or less if you request arbitration.
8. You will be bound by arbitration
for claims of more than $5,000 only if you request arbitration
and your mover agrees to it.
9. If you and your mover both agree,
the arbitrator may provide for an oral presentation
of a dispute by a party or representative of a party.
10. The arbitrator must render a decision
within 60 days of receipt of written notification of
the dispute, and a decision by an arbitrator may include
any remedies appropriate under the circumstances.
11. The 60-day period may be extended
for a reasonable period if you fail, or your mover fails,
to provide information in a timely manner. Your mover
must produce and distribute a concise, easy-to-read,
accurate summary of its arbitration program.
Must My Mover Inform Me About
My Rights and Responsibilities Under Federal Law?
Yes, your mover must inform you about
your rights and responsibilities under Federal law.
Your mover must produce and distribute this document.
It should be in the general order and contain the text
of Appendix A to 49 CFR Part 375.
What Other Information Must
My Mover Provide Me?
Before your mover executes an order
for service for a shipment of household goods, your
mover must furnish you with the following four documents:
(1) The contents of Appendix A, ‘‘Your
Rights and Responsibilities When You Move’’—this
pamphlet.
(2) A concise, easy-to-read, accurate summary of your
mover’s arbitration program.
(3) A notice of availability of the applicable sections
of your mover’s tariff for the estimate of charges,
including an explanation that you may examine the tariff
sections or have copies sent to you upon request.
(4) A concise, easy-to-read, accurate summary of your
mover’s customer complaint and inquiry handling
procedures. Included in this summary must be the following
two items:
(a) The main telephone number you may use to communicate
with your mover.
(b) A clear and concise statement concerning who must
pay for telephone calls.
Your mover may, at its discretion,
provide additional information to you.
How Must My Mover Collect
Charges?
Your mover must issue you an honest,
truthful freight or expense bill for each shipment transported.
Your mover’s freight or expense bill must contain
the following 19 items:
(1) Name of the consignor.
(2) Name of the consignees.
(3) Date of the shipment.
(4) Origin point.
(5) Destination points.
(6) Number of packages.
(7) Description of the freight.
(8) Weight of the freight (if applicable to the rating
of the freight).
(9) The volume of the freight (if applicable to the
rating of the freight).
(10) The measurement of the freight (if applicable to
the rating of the freight).
(11) Exact rate(s) assessed.
(12) Disclosure of the actual rates, charges, and allowances
for the transportation service, when your mover electronically
presents or transmits freight or expense bills to you.
These rates must be in accordance with the mover’s
applicable tariff.
(13) An indication of whether adjustments may apply
to the bill.
(14) Total charges due and acceptable methods of payment.
(15) The nature and amount of any special service charges.
(16) The points where special services were rendered.
(17) Route of movement and name of each mover participating
in the transportation.
(18) Transfer points where shipments moved.
(19) Address where you must pay or address of bill issuer’s
principal place of business.
Your mover must present its freight
or expense bill to you within 15 days of the date of
delivery of a shipment at its destination. The computation
of time excludes Saturdays, Sundays, and Federal holidays.
(Bills for charges exceeding 110 percent of a non-binding
estimate, and for additional services requested or found
necessary after the shipment is in transit, will be
presented no sooner than 30 days after the date of delivery).
If your mover lacks sufficient information
to compute its charges, your mover must present its
freight bill for payment within 15 days of the date
when sufficient information does become available.
May My Mover Collect Charges
Upon Delivery?
Yes. Your mover must specify the form
of payment acceptable at delivery when the mover prepares
an estimate and order for service. The mover and its
agents must honor the form of payment at delivery, except
when you mutually agree to a change in writing. The
mover must also specify the same form of payment when
it prepares your bill of lading, unless you agree to
a change. See also ‘‘May my mover accept
charge or credit cards for my payments?’
You must be prepared to pay 10 percent
more than the estimated amount, if your goods are moving
under a non-binding estimate. Every collect-on-delivery
shipper must have available 110 percent of the estimate
at the time of delivery.
May My Mover Extend Credit
to Me?
Extending credit to you is not the
same as accepting your charge or credit card(s) as payment.
Your mover may extend credit to you in the amount of
the tariff charges. If your mover extends credit to
you, your mover becomes like a bank offering you a line
of credit, whose size and interest rate are determined
by your ability to pay its tariff charges within the
credit period. Your mover must ensure you will pay its
tariff charges within the credit period. Your mover
may relinquish possession of freight before you pay
its tariff charges, at its discretion.
The credit period must begin on the day following presentation
of your mover’s freight bill to you. Under Federal
regulation, the standard credit period is 7 days, excluding
Saturdays, Sundays, and Federal holidays. Your mover
must also extend the credit period to a total of 30
calendar days if the freight bill is not paid within
the 7-day period. A service charge equal to one percent
of the amount of the freight bill, subject to a $20
minimum, will be assessed for this extension and for
each additional 30-day period the charges go unpaid.
Your failure to pay within the credit
period will require your mover to determine whether
you will comply with the Federal household goods transportation
credit regulations in good faith in the future before
extending credit again.
May My Mover Accept Charge
or Credit Cards for My Payments?
Your mover may allow you to use a
charge or credit card for payment of the freight charges.
Your mover may accept charge or credit cards whenever
you ship with it under an agreement and tariff requiring
payment by cash or cash equivalents. Cash equivalents
are a certified check, money order, or cashier’s
check (a check that a financial institution—bank,
credit union, savings and loan—draws upon itself
and that is signed by an officer of the financial institution).
If your mover allows you to pay for
a freight or expense bill by charge or credit card,
your mover deems such a payment to be equivalent to
payment by cash, certified check, or cashier’s
check. It must note in writing on the order for service
and the bill of lading whether you may pay for the transportation
and related services using a charge or credit card.
You should ask your mover at the time the estimate is
written whether it will accept charge or credit cards
at delivery.
The mover must specify what charge
or credit cards it will accept, such as American Express™,
Discover™, MasterCard™, or Visa™.
If your mover agrees to accept payment by charge or
credit card, you must arrange with your mover for the
delivery only at a time when your mover can obtain authorization
for your credit card transaction. If you cause a charge
or credit card issuer to reverse a transaction, your
mover may consider your action tantamount to forcing
your mover to provide an involuntary extension of its
credit.
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Subpart C—Service
Options Provided
What Service Options May My Mover Provide?
Your mover may provide any service
options it chooses. It is customary for movers to offer
several price and service options.
The total cost of your move may increase
if you want additional or special services. Before you
agree to have your shipment moved under a bill of lading
providing special service, you should have a clear understanding
with your mover of what the additional cost will be.
You should always consider whether other movers might
provide the services you require without requiring you
to pay the additional charges.
One service option is a space reservation.
If you agree to have your shipment transported under
a space reservation agreement, you will pay for a minimum
number of cubic feet of space in the moving van regardless
of how much space in the van your shipment actually
occupies.
A second option is expedited service. This aids you
if you must have your shipments transported on or between
specific dates when the mover could not ordinarily agree
to do so in its normal operations.
A third customary service option is
exclusive use of a vehicle. If for any reason you desire
or require that your shipment be moved by itself on
the mover’s truck or trailer, most movers will
provide such service.
Another service option is guaranteed
service on or between agreed dates. You enter into an
agreement with the mover where the mover provides for
your shipment to be picked up, transported to destination,
and delivered on specific guaranteed dates. If the mover
fails to provide the service as agreed, you are entitled
to be compensated at a predetermined amount or a daily
rate (per diem) regardless of the expense you might
actually have incurred as a result of the mover’s
failure to perform.
Before requesting or agreeing to any
of these price and service options, be sure to ask the
mover’s representatives about the final costs
you will pay.
Transport of Shipments on Two or More
Vehicles
Although all movers try to move each
shipment on one truck, it becomes necessary, at times,
to divide a shipment among two or more trucks. This
may occur if your mover has underestimated the cubic
feet (meters) of space required for your shipment and
it will not all fit on the first truck. Your mover will
pick up the remainder, or ‘‘leave behind,’’
on a second truck at a later time, and this part of
your shipment may arrive at the destination later than
the first truck. When this occurs, your transportation
charges will be determined as if the entire shipment
had moved on one truck.
If it is important for you to avoid
this inconvenience of a ‘‘leave behind,’’
be sure your estimate includes an accurate calculation
of the cubic feet (meters) required for your shipment.
Ask your estimator to use a ‘‘Table of Measurements’’
form in making this calculation. Consider asking for
a binding estimate. A binding estimate is more likely
to be conservative with regard to cubic feet (meters)
than a non-binding estimate. If the mover offers space
reservation service, consider purchasing this service
for the necessary amount of space plus some margin for
error. In any case, you would be prudent to ‘‘prioritize’’
your goods in advance of the move so the driver will
load the more essential items on the first truck if
some are left behind.
If My Mover Sells Liability
Insurance Coverage, What Must My Mover Do?
If your mover provides the service
of selling additional liability insurance, your mover
must follow certain regulations.
Your mover, its employees, or its
agents, may sell, offer to sell, or procure additional
liability insurance coverage for you for loss or damage
to your shipment if you release the shipment for transportation
at a value not exceeding 60 cents per pound ($1.32 per
kilogram) per article.
Your mover may offer, sell, or procure
any type of insurance policy covering loss or damage
in excess of its specified liability.
Your mover must issue you a policy
or other appropriate evidence of the insurance you purchased.
Your mover must provide a copy of the policy or other
appropriate evidence to you at the time your mover sells
or procures the insurance. Your mover must issue policies
written in plain English.
Your mover must clearly specify the
nature and extent of coverage under the policy. Your
mover’s failure to issue you a policy, or other
appropriate evidence of insurance you purchased, will
subject your mover to full liability for any claims
to recover loss or damage attributed to it.
Your mover’s tariff must provide
for liability insurance coverage. The tariff must also
provide for the base transportation charge, including
its assumption of full liability for the value of the
shipment. This would offer you a degree of protection
in the event your mover fails to issue you a policy
or other appropriate evidence of insurance at the time
of purchase.
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Subpart D—Estimating
Charges
Must My Mover Estimate the
Transportation and Accessorial Charges for My Move?
We require your mover to prepare a
written estimate on every shipment transported for you.
You are entitled to a copy of the written estimate when
your mover prepares it. Your mover must provide you
a written estimate of all charges, including transportation,
accessorial, and advance charges. Your mover’s
‘‘rate quote’’ is not an estimate.
You and your mover must sign the estimate of charges.
Your mover must provide you with a dated copy of the
estimate of charges at the time you sign the estimate.
You should be aware that if you receive
an estimate from a household goods broker, the mover
is not required to accept the estimate. Be sure to obtain
a written estimate from the mover if a mover tells you
orally that it will accept the broker’s estimate.
Your mover must specify the form of
payment the mover and its delivering agent will honor
at delivery. Payment forms may include but are not limited
to cash, certified check, money order, cashier s check,
a specific charge card such as American Express TM,
a specific credit card such as Visa TM, and your mover’s
own credit.
If your mover provides you with an
estimate based on volume that will later be converted
to a weight-based rate, the mover must provide you an
explanation in writing of the formula used to calculate
the conversion to weight. Your mover must specify that
the final charges will be based on actual weight and
services. Before loading your household goods, and upon
mutual agreement between you and your mover, your mover
may amend an estimate of charges. Your mover may not
amend the estimate after loading the shipment.
A binding estimate is an agreement
made in advance with your mover. It guarantees the total
cost of the move based upon the quantities and services
shown on your mover’s estimate.
A non-binding estimate is what your
mover believes the total cost will be for the move,
based upon the estimated weight of the shipment and
the accessorial services requested. A non-binding estimate
is not binding on your mover. Your mover will base the
final charges upon the actual weight of your shipment,
the services provided, and its tariff provisions in
effect. You must be prepared to pay 10 percent more
than the estimated amount at delivery.
How Must My Mover Estimate
Charges Under the Regulations?
Binding Estimates
Your mover may charge you for providing
a binding estimate. The binding estimate must clearly
describe the shipment and all services provided.
When you receive a binding estimate,
you cannot be required to pay any more than the estimated
amount at delivery. If you have requested the mover
provide more services than those included in the estimate,
the mover must not demand full payment for those added
services at time of delivery. Instead, the mover must
bill for those services later, as explained below. Such
services might include destination charges that often
are not known at origin (such as long carry charges,
shuttle charges, or extra stair carry charges).
A binding estimate must be in writing, and a copy must
be made available to you before you move.
If you agree to a binding estimate,
you are responsible for paying the charges due by cash,
certified check, money order, or cashier’s check.
The charges are due your mover at the time of delivery
unless your mover agrees, before you move, to extend
credit or to accept payment by a specific charge card
such as American Express™ or a specific credit
card such as Visa™. If you are unable to pay at
the time the shipment is delivered, the mover may place
your shipment in storage at your expense until you pay
the charges.
Other requirements of binding estimates
include the following eight elements:
(1) Your mover must retain a copy
of each binding estimate as an attachment to the bill
of lading.
(2) Your mover must clearly indicate upon each binding
estimate’s face that the estimate is binding upon
you and your mover. Each binding estimate must also
clearly indicate on its face that the charges shown
are the charges to be assessed for only those services
specifically identified in the estimate.
(3) Your mover must clearly describe binding estimate
shipments and all services to be provided.
(4) If, before loading your shipment, your mover believes
you are tendering additional household goods or are
requiring additional services not identified in the
binding estimate, and you and your mover cannot reach
an agreement, your mover may refuse to service the shipment.
If your mover agrees to service the shipment, your mover
must do one of the following three things: (a) Reaffirm
the binding estimate. (b) Negotiate a revised written
binding estimate listing the additional household goods
or services. (c) Add an attachment to the contract,
in writing, stating you both will consider the original
binding estimate as a non-binding estimate. You should
read more below. This may seriously affect how much
you may pay for the entire move.
(5) Once your mover loads your shipment, your mover’s
failure to execute a new binding estimate or to agree
with you to treat the original estimate as a non-binding
estimate signifies it has reaffirmed the original binding
estimate. Your mover may not collect more than the amount
of the original binding estimate, except as provided
in the next two paragraphs.
(6) Your mover may believe additional services are necessary
to properly service your shipment after your household
goods are in transit. Your mover must inform you what
the additional services are before performing them.
Your mover must allow you at least one hour to determine
whether you want the additional services performed.
Such additional services include carrying your furniture
up additional stairs or using an elevator. If these
services do not appear on your mover’s estimate,
your mover must deliver your shipment and bill you later
for the additional services. If you agree to pay for
the additional services, your mover must execute a written
attachment to be made an integral part of the bill of
lading and have you sign the written attachment. This
may be done through fax transmissions. You will be billed
for the additional services 30 days following the date
of delivery.
(7) If you add additional services after your household
goods are in transit, you will be billed for the additional
services but only be expected to pay the full amount
of the binding estimate to receive delivery. Your mover
must bill you for the balance of any remaining charges
for these additional services no sooner than 30 days
after delivery. For example, if your binding estimate
shows total charges at delivery should be $1,000 but
your actual charges at destination are $1,500, your
mover must deliver the shipment upon payment of $1,000.
The mover must bill you for the remaining $500 no sooner
than after 30 days after the date of delivery.
(8) Failure of your mover to relinquish possession of
a shipment upon your offer to pay the binding estimate
amount constitutes your mover’s failure to transport
a shipment with ‘‘reasonable dispatch’’
and subjects your mover to cargo delay claims pursuant
to 49 CFR part 370.
Non-Binding Estimates
Your mover is not permitted to charge
you for giving a non-binding estimate.
A non-binding estimate is not a bid
or contract. Your mover provides it to you to give you
a general idea of the cost of the move, but it does
not bind your mover to the estimated cost. You should
expect the final cost to be more than the estimate.
The actual cost will be in accordance with your mover’s
tariffs. Federal law requires your mover to collect
the charges shown in its tariffs, regardless of what
your mover writes in its non-binding estimates. That
is why it is important to ask for copies of the applicable
portions of the mover’s tariffs before deciding
on a mover. The charges contained in movers’ tariffs
are essentially the same for the same weight shipment
moving the same distance. If you obtain different non-binding
estimates from different movers, you must pay only the
amount specified in your mover’s tariff. Therefore,
a non-binding estimate may have no effect on the amount
that you will ultimately have to pay.
You must be prepared to pay 10 percent
more than the estimated amount at the time of delivery.
Every collect-on-delivery shipper must have available
110 percent of the estimate at the time of delivery.
If you order additional services from your mover after
your goods are in transit, the mover will then bill
you 30 days after delivery for any remaining charges.
Non-binding estimates must be in writing and clearly
describe the shipment and all services provided. Any
time a mover provides such an estimate, the amount of
the charges estimated must be on the order for service
and bill of lading related to your shipment. When you
are given a non-binding estimate, do not sign or accept
the order for service or bill of lading unless the mover
enters the amount estimated on each form it prepares.
Other requirements of non-binding
estimates include the following ten elements:
(1) Your mover must provide reasonably
accurate non-binding estimates based upon the estimated
weight of the shipment and services required.
(2) Your mover must explain to you that all charges
on shipments moved under non-binding estimates will
be those appearing in your mover’s tariffs applicable
to the transportation. If your mover provides a non-binding
estimate of approximate costs, your mover is not bound
by such an estimate.
(3) Your mover must furnish non-binding estimates without
charge and in writing to you.
(4) Your mover must retain a copy of each non-binding
estimate as an attachment to the bill of lading.
(5) Your mover must clearly indicate on the face of
a non-binding estimate that the estimate is not binding
upon your mover and the charges shown are the approximate
charges to be assessed for the services identified in
the estimate.
(6) Your mover must clearly describe on the face of
a non-binding estimate the entire shipment and all services
to be provided.
(7) If, before loading your shipment, your mover believes
you are tendering additional household goods or requiring
additional services not identified in the non-binding
estimate, and you and your mover cannot reach an agreement,
your mover may refuse to service the shipment. If your
mover agrees to service the shipment, your mover must
do one of the following two things: (a) Re-affirm the
non-binding estimate. (b) Negotiate a revised written
non-binding estimate listing the additional household
goods or services.
(8) Once your mover loads your shipment, your mover’s
failure to execute a new estimate signifies it has reaffirmed
the original non-binding estimate. Your mover may not
collect more than 110 percent of the amount of this
estimate at destination.
(9) Your mover may believe additional services are necessary
to properly service your shipment after your household
goods are in transit. Your mover must inform you what
the additional services are before performing them.
Your mover must allow you at least one hour to determine
whether you want the additional services performed.
Such additional services include carrying your furniture
up additional stairs or using an elevator. If these
services do not appear on your mover’s estimate,
your mover must deliver your shipment and bill you later
for the additional services. If you agree to pay for
the additional services, your mover must execute a written
attachment to be made an integral part of the bill of
lading and have you sign the written attachment. This
may be done through fax transmissions. You will be billed
for the additional services after 30 days from delivery.
(10) If you add additional services after your household
goods are in transit, you will be billed for the additional
services. To receive delivery, however, you are required
to pay no more than 110 percent of the non-binding estimate.
At least 30 days after delivery, your mover must bill
you for any remaining balance, including the additional
services you requested. For example, if your non-binding
estimate shows total charges at delivery should be $1,000
but your actual charges at destination are $1,500, your
mover must deliver the shipment upon payment of $1,100.
The mover must bill you for the remaining $400 no sooner
than 30 days after the date of delivery.
If your mover furnishes a non-binding
estimate, your mover must enter the estimated charges
upon the order for service and upon the bill of lading.
Your mover must retain a record of all estimates of
charges for each move performed for at least one year
from the date your mover made the estimate.
What Payment Arrangements Must My Mover Have
in Place To Secure Delivery of My Household Goods Shipment?
If your total bill is 110 percent
or less of the non-binding estimate, the mover can require
payment in full upon delivery. If the bill exceeds 110
percent of the non-binding estimate, your mover must
relinquish possession of the shipment at the time of
delivery upon payment of 110 percent of the estimated
amount. Your mover should have specified its acceptable
form of payment on the estimate, order for service,
and bill of lading. Your mover’s failure to relinquish
possession of a shipment after you offer to pay 110
percent of the estimated charges constitutes its failure
to transport the shipment with ‘‘reasonable
dispatch’’ and subjects your mover to your
cargo delay claims under 49 CFR part 370.
Your mover must bill for the payment
of the balance of any remaining charges after 30 days
from delivery.
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Subpart E—Pickup
of My Shipment of Household Goods
Must My Mover Write Up an
Order for Service?
We require your mover to prepare an
order for service on every shipment transported for
you. You are entitled to a copy of the order for service
when your mover prepares it.
The order for service is not a contract.
Should you cancel or delay your move or if you decide
not to use the mover, you should promptly cancel the
order.
If you or your mover change any agreed
upon dates for pickup or delivery of your shipment,
or agree to any change in the non-binding estimate,
your mover may prepare a written change to the order
for service. The written change must be attached to
the order for service.
The order for service must contain
the following 15 elements:
(1) Your mover’s name and address
and the US DOT number assigned to your mover.
(2) Your name, address and, if available, telephone
number(s).
(3) The name, address, and telephone number of the delivering
mover’s office or agent at or nearest to the destination
of your shipment.
(4) A telephone number where you may contact your mover
or its designated agent.
(5) One of the following three dates and times: (i)
The agreed-upon pickup date and agreed delivery date
of your move. (ii) The agreed-upon period(s) of the
entire move. (iii) If your mover is transporting the
shipment on a guaranteed service basis, the guaranteed
dates or periods of time for pickup, transportation,
and delivery. Your mover must enter any penalty or per
diem requirements upon the agreement under this item.
(6) The names and addresses of any other motor carriers,
when known, that will participate in interline transportation
of the shipment.
(7) The form of payment your mover will honor at delivery.
The payment information must be the same as was entered
on the estimate.
(8) The terms and conditions for payment of the total
charges, including notice of any minimum charges.
(9) The maximum amount your mover will demand at the
time of delivery to obtain possession of the shipment,
when transported on a collect-on-delivery basis.
(10) The Surface Transportation Board’s required
released rates valuation statement, and the charges,
if any, for optional valuation coverage. The STB’s
required released rates may be increased annually by
your mover based on the U.S. Department of Commerce’s
Cost of Living Adjustment.
(11) A complete description of any special or accessorial
services ordered and minimum weight or volume charges
applicable to the shipment.
(12) Any identification or registration number your
mover assigns to the shipment.
(13) For non-binding estimated charges, your mover’s
reasonably accurate estimate of the amount of the charges,
the method of payment of total charges, and the maximum
amount (110 percent of the non-binding estimate) your
mover will demand at the time of delivery for you to
obtain possession of the shipment.
(14) For binding estimated charges, the amount of charges
your mover will demand based upon the binding estimate
and the terms of payment under the estimate.
(15) An indication of whether you request notification
of the charges before delivery. You must provide your
mover with the telephone number(s) or address(s) where
your mover will transmit such communications.
You and your mover must sign the order
for service. Your mover must provide a dated copy of
the order for service to you at the time your mover
signs the order. Your mover must provide you the opportunity
to rescind the order for service without any penalty
for a three-day period after you sign the order for
service, if you scheduled the shipment to be loaded
more than three days after you sign the order.
Your mover should provide you with
documents that are as complete as possible, and with
all charges clearly identified. However, as a practical
matter, your mover usually cannot give you a complete
bill of lading before transporting your goods. This
is both because the shipment cannot be weighed until
it is in transit and because other charges for service,
such as unpacking, storage-in-transit, and various destination
charges, cannot be determined until the shipment reaches
its destination.
Therefore, your mover can require
you to sign a partially complete bill of lading if it
contains all relevant information except the actual
shipment weight and any other information necessary
to determine the final charges for all services provided.
Signing the bill of lading allows you to choose the
valuation option, request special services, and/or acknowledge
the terms and conditions of released valuation.
Your mover also may provide you, strictly
for informational purposes, with blank or incomplete
documents pertaining to the move. Before loading your
shipment, and upon mutual agreement of both you and
your mover, your mover may amend an order for service.
Your mover must retain records of an order for service
it transported for at least one year from the date your
mover wrote the order.
Your mover must inform you, before
or at the time of loading, if the mover reasonably expects
a special or accessorial service is necessary to transport
a shipment safely. Your mover must refuse to accept
the shipment when your mover reasonably expects a special
or accessorial service is necessary to transport a shipment
safely, but you refuse to purchase the special or accessorial
service. Your mover must make a written note if you
refuse any special or accessorial services that your
mover reasonably expects to be necessary.
Must My Mover Write Up an
Inventory of the Shipment?
Yes. Your mover must prepare an inventory
of your shipment before or at the time of loading. If
your mover’s driver fails to prepare an inventory,
you should write a detailed inventory of your shipment
listing any damage or unusual wear to any items. The
purpose is to make a record of the existence and condition
of each item.
After completing the inventory, you
should sign each page and ask the mover’s driver
to sign each page. Before you sign it, it is important
you make sure that the inventory lists every item in
the shipment and that the entries regarding the condition
of each item are correct. You have the right to note
any disagreement. If an item is missing or damaged when
your mover delivers the shipment, your subsequent ability
to dispute the items lost or damaged may depend upon
your notations.
You should retain a copy of the inventory.
Your mover may keep the original if the driver prepared
it. If your mover’s driver completed an inventory,
the mover must attach the complete inventory to the
bill of lading as an integral part of the bill of lading.
Must My Mover Write Up a Bill
of Lading? The bill of lading is the contract
between you and the mover. The mover is required by
law to prepare a bill of lading for every shipment it
transports. The information on a bill of lading is required
to be the same information shown on the order for service.
The driver who loads your shipment must give you a copy
of the bill of lading before or at the time of loading
your furniture and other household goods.
It is your responsibility to read
the bill of lading before you accept it. It is your
responsibility to understand the bill of lading before
you sign it. If you do not agree with something on the
bill of lading, do not sign it until you are satisfied
it is correct.
The bill of lading requires the mover
to provide the service you have requested. You must
pay the charges set forth in the bill of lading. The
bill of lading is an important document. Do not lose
or misplace your copy. Have it available until your
shipment is delivered, all charges are paid, and all
claims, if any, are settled.
A bill of lading must include the
following 14 elements:
(1) Your mover’s name and address,
or the name and address of the motor carrier issuing
the bill of lading.
(2) The names and addresses of any other motor carriers,
when known, who will participate in the transportation
of the shipment.
(3) The name, address, and telephone number of the office
of the motor carrier you must contact in relation to
the transportation of the shipment.
(4) The form of payment your mover will honor at delivery.
The payment information must be the same that was entered
on the estimate and order for service.
(5) When your mover transports your shipment under a
collect-on-delivery basis, your name, address, and telephone
number where the mover will notify you about the charges.
(6) For non-guaranteed service, the agreed-upon date
or period of time for pickup of the shipment and the
agreed-upon date or period of time for the delivery
of the shipment. The agreed-upon dates or periods for
pickup and delivery entered upon the bill of lading
must conform to the agreed-upon dates or periods of
time for pickup and delivery entered upon the order
for service or a proper amendment to the order for service.
(7) For guaranteed service, the dates for pickup and
delivery and any penalty or per diem entitlements due
you under the agreement.
(8) The actual date of pickup.
(9) The identification number(s) of the vehicle(s) in
which your mover loads your shipment.
(10) The terms and conditions for payment of the total
charges including notice of any minimum charges.
(11) The maximum amount your mover will demand from
you at the time of delivery for you to obtain possession
of your shipment, when your mover transports under a
collect-on-delivery basis.
(12) The Surface Transportation Board’s required
released rates valuation statement, and the charges,
if any, for optional valuation coverage. The Board’s
required released rates may be increased annually by
your mover based on the U.S. Department of Commerce’s
Cost of Living Adjustment.
(13) Evidence of any insurance coverage sold to or procured
for you from an independent insurer, including the amount
of the premium for such insurance.
(14) Each attachment to the bill of lading. Each attachment
is an integral part of the bill of lading contract.
If not provided to you elsewhere by the mover, the following
three items must be added as attachments:
(i) The binding or non-binding estimate.
(ii) The order for service.
(iii) The inventory.
A copy of the bill of lading must
accompany your shipment at all times while in the possession
of your mover or its agent(s). When your mover loads
the shipment on a vehicle for transportation, the bill
of lading must be in the possession of the driver responsible
for the shipment. Your mover must retain bills of lading
for shipments it transported for at least one year from
the date your mover created the bill of lading.
Should I Reach an Agreement
With My Mover About Pickup and Delivery Times?
You and your mover should reach an
agreement for pickup and delivery times. It is your
responsibility to determine on what date, or between
what dates, you need to have the shipment picked up
and on what date, or between what dates, you require
delivery. It is your mover’s responsibility to
tell you if it can provide service on or between those
dates, or, if not, on what other dates it can provide
the service.
In the process of reaching an agreement
with your mover, you may find it necessary to alter
your moving and travel plans if no mover can provide
service on the specific dates you desire.
Do not agree to have your shipment
picked up or delivered ‘‘as soon as possible.’’
The dates or periods you and your mover agree upon should
be definite.
Once an agreement is reached, your
mover must enter those dates upon the order for service
and the bill of lading.
Once your goods are loaded, your mover
is contractually bound to provide the service described
in the bill of lading. Your mover’s only defense
for not providing the service on the dates called for
is the defense of force majeure. This is a legal term.
It means that when circumstances change, were not foreseen,
and are beyond the control of your mover, preventing
your mover from performing the service agreed to in
the bill of lading, your mover is not responsible for
damages resulting from its nonperformance.
This may occur when you do not inform
your mover of the exact delivery requirements. For example,
because of restrictions trucks must follow at your new
location, the mover may not be able to take its truck
down the street of your residence and may need to shuttle
the shipment using another type of vehicle.
Must My Mover Determine the
Weight of My Shipment?
Generally, yes. If your mover transports
your household goods on a non-binding estimate under
the mover’s tariffs based upon weight, your mover
must determine the weight of the shipment. If your mover
provided a binding estimate and has loaded your shipment
without claiming you have added additional items or
services, the weight of the shipment will not affect
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